A/HRC/11/5
Regarding the penitentiary system, the main problem is prison overcrowding, which
constitutes cruel, inhuman and degrading treatment. While imprisonment means the
deprivation of liberty, respect for all human rights must nonetheless be guaranteed.
The primary reason for prison overcrowding is closely linked to prolonged pretrial
detention, for which there are remedies, as suggested by the previous independent
expert.
There is much evidence that corruption, a scourge of Haitian society, is still rife at
all levels. Combating corruption is part of the Ministry of Justice and Public
Safety’s action plans, whose implementation would be a significant step forward.
In the area of economic and social rights, economic exclusion is a threat to political
stability in Haiti and sustainable development, which cannot be contemplated
without the strong and sustained support of the international community to achieve
effective institution building, the only means of guaranteeing the provision of basic
social services.
In the view of the independent expert and in line with the mandate conferred upon
him by the Human Rights Council, the rule-of-law issue cannot be resolved solely
through reform of judicial institutions and the criminal justice, police and
penitentiary systems to allow the enjoyment and exercise of civil and political
rights.
Establishing the rule of law also means ensuring the functioning of public services
and institutions, which, in addition to the safety of persons and property, must
guarantee to every citizen the full exercise of economic, social and cultural rights,
as set forth in the International Covenant on Economic, Social and Cultural Rights,
which is included in the parliamentary agenda for 2009.
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